The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On September 1, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Port Support of the Daegu District Court.

【Criminal Facts】

On November 11, 2020, the Defendant driven a e-mail car at approximately 300 meters away from the south-gu B apartment road at port to the front road of D in the same Gu C, with a blood alcohol concentration of about 0.131% under the influence of alcohol at around 00 meters.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act [The choice of imprisonment and the degree of blood alcohol concentration shall be taken into account];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to the grounds for discretionary mitigation, taking into account that there exists no past record of punishment sentenced to imprisonment or heavier punishment);

1. Order to attend lectures under Article 62-2 of the Criminal Act;